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April 30, 2009
Administrator
An Administrator must be appointed to oversee the estate of a person who has died. Designation can occur by naming the individual in a legal Will or trust. If no estate planning occurs prior to death, everything the decedent owns is transferred to probate. During this process, a judge will appoint an Administrator. This could be a relative, friend or outsider such as an attorney or professional estate planner.
The Administrator generally works with a probate attorney to ensure all documents are properly filed. When the decedent's estate is held in probate, the estate executor must present a copy of the death certificate to the court and legally record the death. Trusts do not pass through probate and follow a different protocol. Trusts are generally handled by the estate planning service that established the trust.
Real Estate Investing article on "Administrator"
March 21, 2009
Probate Personal Representative
A probate personal representative is responsible for overseeing administration of an estate held in probate. When a person dies everything they own is transferred to probate and held until the estate is closed. During probate the personal representative must obtain property appraisals, pay outstanding debts and distribute assets to designated beneficiaries.
The position of probate personal representative requires good money management skills and the ability to mediate with family should disputes arise. Individuals appointed to this position must be at least 18 years of age and never convicted of felony offenses.
Real Estate Investing article on "Probate Personal Representative"
February 13, 2009
Probate Process
The probate process is used to validate a person's Last Will and Testament; pay outstanding debts; and distribute estate assets to beneficiaries. When a person dies intestate (without a Will), the probate process can be prolonged while heirs are located and notified of the decedent's death.
The duration of probate process depends upon the complexity of the estate and behavior of heirs and beneficiaries. Heirs are direct lineage relatives, while beneficiaries can be anyone. Heirs are automatically entitled to assets unless the decedent specifically disinherits entitled relatives within their Will. If heirs contest the Will, the probate process can be prolonged for months or even years.
Real Estate Investing article on "Probate Process"
January 07, 2009
Heir Advance
Heir advance is a term used to describe a cash advance using inheritance assets as collateral. The primary difference between cash advances and an heir advance is that the latter is not a loan. Instead, heir advances are repaid to the funding source when the estate settles out of probate.
Probate is a legal process used to validate decedents Last Will and Testament. During the process, all assets owned by decedents must be inventoried and a value established. An estate administrator is appointed to oversee the estate and perform certain duties. In cases where heirs elect to obtain a cash advance, the estate administrator must validate the amount of inheritance the heir is entitled to.
Real Estate Investing article on "Heir Advance"
December 11, 2008
Probate Attorney
A probate attorney is a lawyer who specializes in estates held in probate. Probate is the process used to validate a decedent's Last Will and Testament, inventory assets, and distribute financial holdings, real estate, and personal belongings to beneficiaries.
Most people require the services of a Transactional probate attorney. This type of lawyer is best suited to handle estate administration duties. Transactional probate lawyers will open the probate case and present the original Will to the probate court. They will provide assistance to the appointed Estate Administrator and ensure appropriate legal documents are filed in a timely fashion.
Real Estate Investing article on "Probate Attorney "
September 19, 2008
Probate Executor
A probate executor is also referred to as the estate administrator or estate executor. Probate executors are responsible for settling the estate of a person who has died. If the decedent executed a Last Will and Testament, the probate executor is required to adhere to the declarations outlined in the document. If the decedent dies intestate (without a Will), the probate executor must adhere to policies of the probate court.
The probate executor has multiple duties including handling the decedent's financial affairs and distributing their assets to heirs. If the decedent's estate is small (valued under $25,000) and does not involve real estate or financial holdings, the executor might be able to administer the estate without the assistance of a probate attorney